The IPKat

JANUARY 12, 2023

207/2009 (being essentially identical to the currently applicable Art. 207/2009 (being essentially identical to the currently applicable Art. 207/2009 is that the relevant public must establish a link between the trade marks in question in the sense that the later mark calls the earlier mark to mind. 8(5) of Regulation No.

Art 124

Art Brands Branding Branding 124

Intepat

APRIL 20, 2022

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. Besides these basic, requirements an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act ”).

Patent 98

Patent Inventor Invention Art 98

SpicyIP

FEBRUARY 4, 2025

Image from here A term that has of late frequently popped up in patent orders by the Indian Court without much explanation is auxiliary claims. Controller) ( pdf ), where the Court directed the Patent Office to hear the matter afresh in light of the auxiliary claims filed by Immunolight.

Invention 59

Invention Patent Patent Application Copying 59

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

Trademark 126

Trademark Invention Patent Art 126

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no.

Invention 110

Invention Patent Patent Application Government 110

SpicyIP

MAY 4, 2024

The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Pic from here Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu By Shivam Kaushik A Division Bench (DB) of the Delhi High Court recently passed a judgment in Natco Pharma v.

Patent 105

Patent Invention Patent Law Law 105

The IPKat

FEBRUARY 13, 2025

469/2009 on Supplementary Protection Certificates (" SPC Regulation "). Merck obtained the SPC based on patent EP 1412357 (EP '357). The ruling tries to clarify the interpretation of Article 3 of EU Regulation No. The two referrals The first referral (C-119/22) came from the Finnish Market Court (markkinaoikeus).

Invention 64

Invention Public Domain Art Marketing 64

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background

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Patent Art Patent Prosecution Litigation 105

Intellectual Property Law Blog

MARCH 29, 2021

Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. Without detailed explanations of “smart contract” set forth in the specification, patent prosecutors may find themselves in an uphill battle against the abstract idea finding. may help re-cap the important hurdles to patent eligibility.

Contracts 100

Contracts Patent Patent Application Invention 100

Intellectual Property Law Blog

MARCH 2, 2021

Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp. 662 (2009). Courts, however, have diverged in applying Iqbal and Twombly to patent cases. Twombly , 550 U.S. 544 (2007) and Ashcroft v. Iqbal , 556 U.S. KeepItSafe, Inc. Civil Action No.

Patent Infringement 130

Patent Infringement Patent Technology Art 130

Intellectual Property Law Blog

FEBRUARY 26, 2024

8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. The two patents (U.S. Patent Nos. Weber , slip op., By applying the framework in Cordis Corp.

Confidentiality 130

Confidentiality Art Ownership Patent 130

IP Law 360

OCTOBER 15, 2024

per unit for infringing Spex's data security patent based on Spex's 2009 licensing deal with Kingston Technology, Spex's president told California federal jurors Tuesday, noting that Western Digital had no noninfringing alternative to implement hardware encryption in its storage devices. Western Digital owes between $5 and $8.50

Patent 52

Patent Licensing Technology 52

IPilogue

APRIL 26, 2022

based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”). Firstly, since being launched in 2009, the egg-shaped balm has come to be associated with EOS.

Social Media 119

Social Media Registration Marketing Marketing 119

Intellectual Property Law Blog

JULY 31, 2023

UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin. The Muller patents disclose ratios of rotigotine to PVP ranging from 9:1.5 In 2014, UCB sued Actavis for infringement of the Muller patents.

Art 130

Art Invention Patent Patent Application 130

Intellectual Property Law Blog

JULY 31, 2023

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 127 patent, Abstract. 127 patent, col. 127 patent, col.

Art 130

Art Invention Patent 130

Patently-O

JULY 23, 2024

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. SOC’Y 580 (2009) and Jason J. MPEP 1504.01(a)(IV) 183 (2013).

Design Patent 59

Design Patent Designs Design Patent 59

Patently-O

JULY 18, 2022

2022) should cause patent attorneys to pause once again as they draft patent applications and consider any characterizations of the technology as “conventional”; “well known”; or even “known in the art.” Stanford owns several biotech patents claiming methods of diagnosing organ transplant rejection.

Patent 84

Patent Invention Art Technology 84

Patently-O

JANUARY 17, 2024

The baseline approach in American patent law is that any injunction issued by the district court will stay in effect through the duration of any appeal. 418 (2009). Presumably, Apple will have the capability of turning the functionality back-on via system update when either the patents expire or are found invalid. See Nken v.

Marketing 116

Marketing Marketing Cease and Desist Confidentiality 116

TorrentFreak

OCTOBER 12, 2023

Sentenced at Sweden’s Patent and Market Court The men were sentenced last week at the Patent and Markets Court, a specialist court dealing with intellectual property matters at the Stockholm District Court. million following an unsuccessful appeal of their 2009 convictions.

Reporting 130

Reporting Marketing Marketing Intellectual Property 130

IPilogue

MARCH 3, 2022

In Europe, following the EU Regulation on cosmetic products (EU/1223/2009) which banned animal testing for cosmetic purposes, cosmetics companies have had to seek alternative methods of ethical testing on varying skin types that would also produce accurate results. 3D Bioprinting & Canadian Patent Law. In Chapter 17.02.02

Intellectual Property 105

Intellectual Property Technology Intellectual Property Law Patent Law 105

SpicyIP

SEPTEMBER 11, 2023

Whether it is South Asian Basmati Brawls, the much-to-tread trail of transparency, the Statements of Patent (Non-)Working, or the Indian “Bayh Dole” Bill, some stories never cease to beguile us. Relevantly, Victor Vaibhav touches upon several related questions when he asks ‘What ails Indian universities when it comes to patenting?’

IP 105

IP Reporting Plagiarism Government 105

Patently-O

OCTOBER 19, 2023

.” Cytonome’s US Patent No. The claim requires an inlet configured to receive a sample stream ; [and] a fluid focusing region configured to focus the sample stream ; ‘439 Patent, claim 1 (emphasis added). In addition, the patent document contains only embodiments showing a single stream. Nutrinova, Inc. ,

Patent 72

Patent Art 72

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

Art 126

Art Journalism Patent Law Invention 126

Patently-O

DECEMBER 14, 2023

At the summary judgment stage, the parties filed competing summary judgment motions focusing on whether one patent being asserted (US7601740) should be held invalid based upon obviousness-type double patenting (OTDP). Because of the standard 20-year patent term calculation, both would ordinarily expire on the same day.

Patent 64

Patent Patent Application Invention Designs 64

IP Watchdog

FEBRUARY 21, 2023

Court of Appeals for the Federal Circuit (CAFC) on Friday, February 17, ruled in a precedential opinion that a Nebraska district court abused its discretion in granting a preliminary injunction barring the owner of patents on holiday string lights from communicating to its customers that a competitor was infringing its patents.

Patent 52

Patent Patent Infringement Litigation Intellectual Property 52

Delaware Intellectual Property Litigation Blog

AUGUST 28, 2021

Patent Nos. 6,546,397 (“the ‘397 patent”), 7,594,168 (“the ‘168 patent”), 9,063,755 (“the ‘755 patent”), 9,471,287 (“the ‘287 patent”), and 9,928,044 (“the ‘044 patent”) (collectively, “the Asserted Patents”) through its use of certain website building tools. 662, 678 (2009). Iqbal , 556 U.S.

Copying 89

Copying Patent Litigation Patent Infringement 89

Patently-O

JANUARY 25, 2022

Order to Keep the Patent Filings Secret : The defendant has several patent applications pending at the USPTO which apparently include the trade secret algorithm within its specification. The district court ordered the defendant to “take all necessary steps to prevent publication” of those applications or resulting patents.

Public Domain 133

Public Domain Patent Application Confidentiality Patent 133

The IPKat

JULY 14, 2021

Reddy and Pai argue that even if a waiver results in a suspension of certain rules, vaccines cannot be manufactured without technology transfer and by merely waiving patents. We have written here about the disclosure problem in the patent system – that creates a gap between sufficiency of disclosure and enablement and manufacturing.

IP 145

IP Licensing Technology Government 145

The IPKat

MARCH 7, 2022

The patent on which the INEGY SPC was based ( EP(IE) 0720599 ) related to ezetimibe, and mentioned that ezetimibe may be administered in combination with a list of known statins, including simvastatin. A critical aspect of the case was that simvastatin was well-known at the priority date of the basic patent.

Art 119

Art Public Domain Invention Marketing 119

SpicyIP

DECEMBER 26, 2021

New varieties are subject to the requirement of “novelty”, and there being no sale prior to the application, which is quite similar to patent law. The first date of sale in the application was stated to be in 2009, well prior to the application in question, thereby knocking out any possibility of sustaining any claim of a new variety.

Registration 122

Registration Patent Law Litigation IP 122

The IPKat

FEBRUARY 11, 2025

Background CeramTec, a manufacturer of ceramic products, developed a pink-coloured hip replacement implant and obtained a European Patent for the ceramic matrix composite used in this product in 1991. The patent expired on August 5, 2011. 7(1)(e)(ii) Regulation 207/2009.

Art 59

Art Patent Registration Intellectual Property 59

Patently-O

OCTOBER 17, 2022

I’m always excited to read a decision that splits hairs–finding some claims in a patent valid and others invalid. The basic outcome here: Weisner’s claims directed toward collecting information are abstract ideas ; those directed toward using the information are patent eligible. Patent Nos. by Dennis Crouch.

Patent 72

Patent Invention Journalism Inventor 72

SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law. pesticides).

Law 64

Law Editing Patent Intellectual Property 64

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. And earlier this year, the Indian patent office rejected their attempt to file a secondary patent on the drug. They have also not specified which patents are covered by this.

Patent 69

Patent Reporting Government Ownership 69

SpicyIP

SEPTEMBER 19, 2024

For instance, in 2008, the Justice Allah Raham committee report raised the issue of a lack of sufficient manpower in the Office to cope with the exponentially increasing pendency of patent applications. The Committee report suggested a 12-step framework to expedite the disposal of patent applications.

Patent Application 102

Patent Application Reporting Trademark Patent 102

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

Litigation 83

Litigation Law Patent Invention 83